Criminal Procedure

Published on: November 14, 2011

SEC Accuses Former Goldman Sachs Director of Participating in Insider Trading

by Stephen Bilkis

A former director of financial firm Goldman Sachs has been accused of providing illegal business tips to the head of the Galleon Group, another financial firm. The Securities and Exchange Commission (SEC) alleges that Rajat K. Gupta provided information about Warren Buffet’s intentions to invest in Goldman Sachs to Raj Rajaratnam hours before the investment was complete. This tip allowed the Galleon Group to earn $900,000 in profits after the company purchased 175,000 Goldman Sachs shares. Providing tips like this to other business people is illegal and unethical, and is charectarized as White Collar Crime.

According to the SEC, this is not the first time Gupta has provided Rajaratnam with trading tips. Gupta, who also sits on the board of Proctor and Gamble (P&G) alerted Rajaratnam of the company’s quarterly earnings early which prompted the Galleon Group to purchase shares right before quarterly earnings announcements. The Galleon Group earned more than $13.6 million in profits.

Gupta and Rajaratnam met about ten years ago during their work with the Indian School of Business. Since then, the two men have shared thousands of phone calls, lunches and formed business alliances such as the New Silk Route, a financial firm specializing in investment opportunities in India. Even though Rajaratnam’s role in New Silk Route is unclear, as he never took an active role in the firm, the two men are linked to the company, states a New York Criminal Lawyer. Gupta’s lawyer insists that the two men are friends and business colleagues and that Gupta has 40 years of experience in business and has never been accused of any illegal activities during this time.

Published on: November 8, 2011

Jurors in Blagojevich Trial Not to Be Named until the Day after the Trial Ends

by Stephen Bilkis

Jurors selected in the retrial of former Illinois Governor Rod Blagojevich will not be named until the day after the trial is over to protect jurors from the onslaught of reporters who allegedly harassed jurors after the first trial. The judge presiding over the retrial said he is withholding the names of jurors because of the way the jurors in the first trial were treated just hours afterwards, reports a New York Criminal Attorney. Apparently, jurors from the first trial were followed by reporters and others in the media, harassed at home at all hours and were unable to go about their normal routines without media interference. Reporters hungry for juror reactions and their recollections from the trial say they were trying to do their jobs and that most in the media were compassionate to jurors while a few went too far.

In high profile court cases like those in New York and even Long Island, it is not unusual for the names of jurors to be withheld until the trial starts or until after the trial ends. Reporters want to know the names of the jurors sooner rather than later. Some reporters claim it is their duty to keep the public informed by learning more about what jurors were thinking and discussing in the deliberation room during a trial to determine if justice was served. Blagojevich is charged with trying to sell President Obama’s former Senate seat, fraud and other illegal activities. During his first trial, he was only convicted of one charge – lying to the FBI. The other 23 charges were dismissed by the jury, claims a reporter.

During the first trial, the jury deliberated for 14 days. Only one juror held out for a not guilty verdict. In the end, the jury was deadlocked on all by one charge and the trial was considered a mistrial. The second trial is scheduled to start on April 20th, says a NY Criminal Lawyer. Blagojevich is being charged with many of the same crimes he was charged with in the first trial. He continues to claim his innocence.

Published on: November 3, 2011

Guilty Plea From Convicted Sex Offender Thought Likely in Kidnapping Case

by Stephen Bilkis

A convicted sex offender on trial for kidnapping and raping an 11-year-old girl and keeping her captive for 18 years was expected to give a guilty plea – until his lawyer asserted the grand jury was improperly selected and acted inappropriately.

The public defender in this case is defending her clients against charges of rape, kidnapping, and other charges in an amended indictment, and she urged them to plead not-guilty.

The public defender did not elaborate on her claims regarding the jury, but did say she had questions about the racial makeup and the geographical makeup of the jury that indicted the couple on trial – the kidnapper and his wife. They were indicted mainly for the kidnapping of the 11-year-old girl, who is now 30. The public defender has been instructed to outline her objections in writing.

Published on: November 2, 2011

Drunk Driver in Fort Worth, Texas is Apologetic for Highway Fatality

by Stephen Bilkis

Interstate 30 in Fort Worth, TX, was the scene of a horrific crash on March 28, that left one man dead and another man in jail accused of killing him. Shortly after about 2:30 a.m. is when local 911 operators began receiving calls of a pickup truck traveling eastbound in the westbound lanes. Within a matter of moments after those calls to 911 that the driver of that pickup truck slammed head-on into a tanker truck that had just been filled with fuel to deliver to local businesses.

As a result, of that crash, the tanker truck burst into flames and the resulting fireball rose up into the Texas night sky and could be seen for miles. The 45-year old tanker truck driver, husband and father of three children, reportedly died immediately as his truck was engulfed in flames. The driver of the pickup truck survived the crash and was allegedly charged with DWI along with a variety of other crminal charges. He was transported to the local hospital for treatment, and arrested soon after for suspicion of drunk driving.

While there can never be a valid reason to drive after you have been drinking alcoholic beverages, the suspected drunk driver has expressed genuine remorse for his actions. He was informed of what he had done by one of the local television news crews, he has apologized repeatedly for what he did and while it can never bring back the man that he allegedly killed, he has apologized to the truck driver’s family. There is a question on whether or not the driver will be charged a murderDuring his interviews with police and also with reporters, the suspected drunk driver has stated that all he remembers is that he drank 10 beers at a bar. He has stated that he has no memory of getting into his pickup truck and driving, or in how he wound up traveling the wrong direction on I-30 that night.

Published on: October 19, 2011

Immigrant Fingerprinting as indicated

by Stephen Bilkis

A New York Criminal Lawyer was told by immigrant officials that in Wisconsin the state had every county being a part of the immigration enforcement strategy. Federal officials announced to a New York Criminal Lawyer that they have developed an information system that would share details with each country so that people who are accused of criminal charges will be easily identifiable.

The immigration officials told the press that about thirty seven states were on board with this program. It is anticipated that by the year 2013, more states will become a part of this immigrant fingerprinting system so that even if the illegal immigrant moves to another state, their information will still be available.

Wisconsin is one of the states that joined the immigration program on a state and federal level. This means that when fingerprints are taken from an individual who is being charged with a crime, they will be put in custody and their criminal records checked.

Published on: October 17, 2011

Changes in Mississippi Immigration Law

by Stephen Bilkis

The Mississippi Lawmakers told a New York Criminal Lawyer that they are one step closer to reaching the same decision about immigration law that Arizona has implemented and adopted. What this means is that soon Mississippi law enforcement can stop people at traffic stop lights and elsewhere and ask them to show the appropriate immigration documents.

There are many who welcome this idea, but there are a lot of Mississippi residents that loathe the idea and consider it as a form of racism and profiling. According to the state reports, there was a lot of Hispanics that moved into Memphis, Mississippi in 1987. “A lot of these people are non-immigrants and do not have the right to stay in the country, said one Police Office to the New York Criminal Lawyer. A legislative bill is expected in Mississippi to hold every law professional such as the Police to check someone’s status of immigration if suspicious. People will also go through random checks even in places like Staten Island and Westchester County.

One resident of Mississippi is angry about it. She says she is an American and does not think that the Police should ask her of her immigrant status when they don’t ask people who come from Canada the same question.

Published on: October 14, 2011

Rock Singer facing jail sentence

by Stephen Bilkis

An immigration official from the United States expressed concern to a New York Criminal Lawyer about the application that a CIA exile trainee filed in her jurisdiction. She noticed some red flags when she saw the answers that the exile put in his N400 form. When he was asked about whether or not he was a part of a government overthrow, he answered, “Yes.” When he was asked about his criminal history, he mentioned being imprisoned in Panama for four years.

The immigration official told the New York Criminal Lawyer that the answers to the questions eliminated him from being considered for such a prestigious status. In addition to those answers, it is to be noted that this CIA exile trainee had been arrested in the year 2002 with an accusation that he had plotted against Fidel Castro to assassinate him when he visited the country. However, he got convicted for a charge that was lesser.

The President pardoned his actions in 2004 and this action was thought of as being very controversial. According to the immigration official, these things are raising so many concerns in the judicial system. He was also accused of lying while he was under oath during his 2005 asylum hearing and his 2006 immigration and naturalization hearing.

Published on: October 5, 2011

Camp Counselor Commits Suicide After Being Targeted by Sex Abuse Probe

by Stephen Bilkis

A camp counselor committed suicide on the camp grounds, after becoming the subject of a sex abuse investigation. This summer camp was one attended by U.S. Senator Scott Brown in his youth.

The day after the investigation began, the counselor committed suicide. A 35-year-old man claimed the counselor molested him back in 1985. The accuser said he gained his inspiration to come forward from Senator Brown, who had recently revealed he was also molested as a boy in summer camp.

N York Criminal Lawyers have learned the counselor was also an assistant director and had been at the camp for several decades. He was found dead in his vehicle in a wooded area of Camp Good News, police sources said. The police have already ruled it a suicide.

Published on: October 1, 2011

Breaking the Law by carrying a gun

by Stephen Bilkis

A police told a NY Criminal Lawyer that though a lot of people were frightened recently at a mall because they saw a man carrying his guns openly in the mall, he may not be liable. They think that he may not even have committed a crime.

Advocates of gun rights agreed that the man may not have been legally liable, but not because he could carry a gun in public should he have done so. It is a selfish act for him not to think about the fear that he would put in the hearts of the people who would see him. He has a duty to society to act responsibly and not to make people fear for their safety and existence.

It was the Police that told the Brooklyn Criminal Lawyer that they had received numerous 911 calls that Saturday morning about a man carrying a rifle and hand gun openly. When they went to investigate the incident, they found that the man was indeed carrying a rifle and a hand gun in plain sight, but the guns were not loaded. The management of the mall was very angry about the situation and asked the Police to remove the man from their establishment. With so many terrorism incidents taking place, the mall personnel did not want to leave anything to chance.

Published on: September 22, 2011

The Miami Hotel Mystery – Woman Left for Dead

by Stephen Bilkis

A woman was found, naked, beaten and unconscious in Miami explains a New York Hand Gun Criminal Lawyer. The body was found in 2005 near the outskirts of Miami. This was just the start of a bizarre mystery which shocked lawyers, and investigators.

The woman was rescued by police. When the lady became conscious again, she asked for a Lawyer. This may seem strange, but she was just looking for someone to help her understand what was happening.

The lady was unable to speak. She did however manage to communicate using a pen and paper. She told detectives her name and that she came from the Ukraine. The lady also informed detectives that she had previously worked for a cruise ship company. She had actually been injured and filed a lawsuit against the company.